Fraser Mayor Joe Nichols and Councilman Matt Hemelberg, who are facing allegations of sexual harassment of female city employees, could be removed from office.
Chris Hall/Detroit Free Press

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Fraser Mayor Joe Nichols, left, and Councilman Matt Hemelberg leave Macomb County Circuit Judge Richard Caretti's courtroom Sept. 13, 2017 after a hearing where they asked the judge to cancel a city council tribunal hearing where they could be removed from office.(Photo: Christina Hall, Detroit Free Press)Buy Photo

A Macomb County judge today denied a request by the Fraser mayor and a councilman to cancel a tribunal hearing that could determine if they will be removed from office over sexual harassment allegations.

Judge Richard Caretti denied a request for a temporary restraining order to cancel Monday's hearing by a competent tribunal — apparently, the City Council — for Fraser Mayor Joe Nichols and Matt Hemelberg.

In his order, Caretti wrote: "Plaintiffs failed to show that the council engaged in any wrongful conduct for which a preliminary injunction is an appropriate remedy."

Caretti also wrote that the court "was not persuaded by Nichols' and Hemelberg's argument that the members of the council are biased against them."

He added: "Since Nichols and Hemelberg have not yet been removed from office, they merely have an apprehension of a possible future injury."

Caretti wrote "the council does not have a clear legal duty to cancel the Sept. 18, 2017, hearing. To the contrary, the hearing falls within the scope of Sections 5.2 and 6.9 of the City Charter."

He also wrote that the court was not convinced that the attorney the city hired to conduct the tribunal failed to give the politicians notice of the charges against them.

If the City Council finds that the elected officials committed misconduct, it can remove them from office.

Angela Mannarino, who represents the politicians, argued in court Wednesday that none of the reasons for removal from office in the charter applied in this situation. She told Caretti that she hadn't been given specifics from attorney Rob Huth on what witnesses will be called and how the hearing will be run.

Mannarino argued that three of the four council members who voted to have the tribunal have already "made their decision painfully clear." And it's not in favor of her clients.

After the court hearing, she said that she doesn't believe her clients will get a fair shake at the tribunal. She didn't know Wednesday if an appeal would be filed if Caretti denied her clients' motion.

Huth said in court that he would be calling about seven witnesses and Thomas Fleury, the Southfield attorney who investigated the allegations for the city.

Huth said Mannarino would be able to present witnesses and that the city attorney, most likely, would be presiding over the hearing, which Huth said he believed would be like a civil service hearing.

He told Caretti that the elected officials are accused of hugging, kissing and massaging the shoulders of the female workers. The two attorneys disagreed on whether these alleged acts constituted misconduct in office.

Huth said he believed the court request by Nichols and Hemelberg, which he called a "smokescreen to cover up poor behavior," would not be successful.

He said there is no reason the council shouldn't make a decision on the pair's political futures after the tribunal hearing. If the council decides to remove the politicians from office, their removal would be effective immediately, Huth said.

In a court filing, attorneys for Nichols and Hemelberg stated that if the men are removed from office, they will be prohibited from holding office for three years.

Many residents are preparing to circulate four recall petitions against Nichols that were approved last week. They are trying to get a recall election on the ballot in May.

Nichols is in the middle of his four-year term, which he won in November 2015. Hemelberg cannot be recalled because his term expires in November. He is seeking re-election.